INOVA Health Care Systems v. Commonwealth

Alexandria County Circuit Court

INOVA Health Care Systems v. Commonwealth

43 Va. Cir. 467, 1997 Va. Cir. LEXIS 416

CourtAlexandria County Circuit Court

DecidedOctober 24, 1997

DocketCase No. (Chancery) CH970488

StatusPublished

This text of 43 Va. Cir. 467 (INOVA Health Care Systems v. Commonwealth) is published on Counsel Stack Legal Research, covering Alexandria County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

INOVA Health Care Systems v. Commonwealth, 43 Va. Cir. 467, 1997 Va. Cir. LEXIS 416 (Va. Super. Ct. 1997).

Pincite

Opinion

By Judge Alfred D. Swersky

This cause is before the Court on Petitioner’s motion for a decree directing or continuing future monthly payments in accordance with this Court’s decree of April 7, 1997, mid Respondent Commonwealth’s motion to inerme the bond securing the appeal in Chancery No. 961241.

Respondent’s motion to increase the bond in the cause now pending in the Supreme Court, a writ of certiorari having been granted, will be denied. Code of Virginia §8.01-676.1(E) directs that such a motion be directed to the Supreme Court Hence, this Cowl lacks jurisdiction to order a modification of the bond.

Petitioner's motion for direction will be denied except to the extent that the Court will vacate that portion of the April 7,1997, decree that orders payment to Jefferson Memorial Hospital Joint Venture, effective December 1, 1997. Thereafter, payments of the future monthly payments may be made at the discretion of Petitioner pursuant to Code of Virginia, § 8.01-364, which permits the voluntary payment into Court of the property claimed.

Perhaps the practical solution to tiie problem is the increase in security in file pending appeal by order of the Supreme Court or by agreement of the parties.

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By Judge Alfred D. Swersky

This cause is before the Court on Petitioner’s motion for a decree directing or continuing future monthly payments in accordance with this Court’s decree of April 7, 1997, mid Respondent Commonwealth’s motion to inerme the bond securing the appeal in Chancery No. 961241.

Respondent’s motion to increase the bond in the cause now pending in the Supreme Court, a writ of certiorari having been granted, will be denied. Code of Virginia §8.01-676.1(E) directs that such a motion be directed to the Supreme Court Hence, this Cowl lacks jurisdiction to order a modification of the bond.

Petitioner's motion for direction will be denied except to the extent that the Court will vacate that portion of the April 7,1997, decree that orders payment to Jefferson Memorial Hospital Joint Venture, effective December 1, 1997. Thereafter, payments of the future monthly payments may be made at the discretion of Petitioner pursuant to Code of Virginia, § 8.01-364, which permits the voluntary payment into Court of the property claimed.

Perhaps the practical solution to tiie problem is the increase in security in file pending appeal by order of the Supreme Court or by agreement of the parties.

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Bluebook (online)

43 Va. Cir. 467, 1997 Va. Cir. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inova-health-care-systems-v-commonwealth-vaccalexandria-1997.